Insurance | Fraser Blog

Five Stories That Matter in Michigan This Week – July 18, 2025

Coverage Position vs. Reservation of Rights Letters: What They Are and Why Timeliness Matters

When a claim comes in and there are coverage issues, insurers have two key tools to protect their position: the Coverage Position Letter (CPL) and the Reservation of Rights (RoR) letter. These letters serve related but distinct purposes, and sending them promptly can help prevent miscommunication, disputes, and legal exposure.

Why it Matters: Timely, specific communication helps preserve legal defenses, avoid unintended estoppel, and demonstrate good faith. Whether used separately or together, these letters allow insurers to stay proactive, protect their position, and encourage a more informed dialogue with insureds. If you have questions about CPL or RoRs, or need assistance with drafting one, our insurance team can help. Learn more.

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Sixth Circuit Raises Bar for Multi-state Automotive Defect Class Actions

The U.S. Court of Appeals for the Sixth Circuit issued an en banc decision in Speerly v. General Motors, LLC that raises pleading and proof standards for certifying multistate automotive defect class actions. The court rejected certification of 26 statewide subclasses representing nearly 800,000 vehicle owners, ruling that plaintiffs must prove with evidence how alleged defects satisfy specific legal elements of each state-law claim rather than simply alleging a common defect. The decision also rejected the “certify now, cull later” approach, requiring that critical individualized issues like defect manifestation, owner reliance, and arbitration agreements be resolved at the class certification stage rather than deferred to summary judgment.

Why it Matters: This ruling provides automotive manufacturers with powerful precedent to challenge sprawling multi-state class actions by demanding rigorous, state-by-state analysis of legal variations and individualized proof requirements. The decision signals a potential shift away from certifying massive class actions without thorough examination of underlying claims and defenses, giving defendants stronger tools to highlight how individualized issues of reliance, causation, and damages prevent class-wide resolution.

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Michigan Cannabis Regulatory Agency Takes Action Against Processor for Alleged Hemp Processing and Compliance Violations; Finalizes Non-Renewal of License

The Michigan Cannabis Regulatory Agency (CRA) has announced the nonrenewal of a processor license for Sky Labs, LLC, due to numerous formal complaints brought against them dating back to 2021, with the most recent filed in Januaryof this year.

Why it Matters: Michigan cannabis operators face a complex regulatory environment. Compliance must be comprehensive and consistent across all aspects of operations. This case serves as a reminder (and opportunity) to review and strengthen compliance programs.

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Ten Reasons Why You May Want to Consider a Family Cottage Succession Plan

The goal of cottage succession planning is to set up legal ground rules that provide the best chance to keep a cottage in the family for future generations.

Why it Matters: A cottage plan usually addresses concerns through the creative use of a limited liability company (LLC), or a trust (typically used for more favorable treatment associated with the uncapping of taxable value), to own the property. Learn more from cottage law attorney Mark Kellogg.

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Michigan Cannabis Exceeds $261 Million in June ‘25

Cannabis sales surpassed $261 million in June 2025, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $260,643,824.84, while medical sales came in at $487,087.33, totaling $261,130,912.17.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices.

Related Practice Groups and Professionals

Insurance | Dakota Larson
Cannabis Law | Sean Gallagher
Cottage Law | Mark Kellogg

Coverage Position vs. Reservation of Rights Letters: What They Are and Why Timeliness Matters

This article explains the difference between the two, when and why they’re used, and why delay can create unnecessary risk.

What Is The Difference Between a Coverage Position Letter (CPL) and a Reservation of Rights (RoR) Letter?

The term Coverage Position Letter (CPL) is most commonly used when an insurer affirmatively denies coverage on a claim in its entirety. A Reservation of Rights (RoR) letter is issued when there is a question of whether some or all aspects of the claim may be covered under the policy. An RoR states that the insurer is investigating coverage and has the right to disclaim coverage in the future once the coverage issues have been fully investigated and analyzed. If it is clear that some aspects of a claim are not covered under the policy, but there are still questions about whether the other aspects of a claim are covered under the policy, an insurer will issue a letter that combines aspects of a CPL and an RoR.

When Should an Insurer Send a CPL or RoR—And the Risk of Delay

In short, an insurer should send a CPL or RoR as soon as possible after the insurer knew or should have known of a coverage issue. This means that an insurer should be on the lookout of potential coverage issues as soon as it receives the claim—not just, for example, when a lawsuit is filed. A common misconception is that a CPL or RoR only needs to be sent when there is a question of whether there is a duty to defend. However, as noted in a previous blog post: “Duty to Defend and Indemnify,” the duty to indemnify is a distinct and separable duty. Therefore, it is important for the insurer to determine if there are coverage issues at the outset of receiving the claim that would therefore impact if it has a duty to pay the claim (such as a pre-suit settlement).

Michigan law does not impose a fixed deadline for issuing an RoR or CPL. But the longer the delay, the greater the risk. Courts will evaluate timeliness based on the facts and circumstances, and whether the insured was prejudiced by the delay.

An RoR or CPL issued weeks—or even months—into a claim may still be legally valid if the insurer continues to investigate in good faith and communicates consistently. However, long periods of silence followed by sending a late CPL or RoR can raise estoppel concerns (an issue we’ll address in greater detail in a subsequent article).

Additionally, insurers should re-evaluate their coverage position as new information becomes available. If facts develop that change the analysis, a follow-up CPL or RoR should be issued promptly. For example, even when an insurer has already begun defending a case, it is still prudent to issue an RoR if coverage questions arise after the fact.

The Contents of a CPL or RoR

A CPL or RoR should outline the insurer’s coverage analysis under the policy and the basis for its decision. Importantly, a CPL or RoR should be specific. Vague or boilerplate summaries that fail to reference key exclusions, policy terms, or factual issues can undermine the letter’s value and create ambiguity that could give rise to future litigation. The letter should state that the insured should provide additional information that supports any disagreement with the current coverage determination, and to provide additional information in the future that may warrant the need to reconsider the current coverage determination. More details on best practices of what should be included in a CPL or RoR will be addressed in a subsequent article.

Summary and Final Thoughts

In sum, the primary reasons an insurer sends a CPL or RoR letter are:

- - To document the insurer’s coverage analysis early in the process,
  - To preserve defenses that might otherwise be waived or challenged later,
  - And to avoid estoppel.

Timely, specific communication helps preserve legal defenses, avoid unintended estoppel, and demonstrate good faith. Whether used separately or together, these letters allow insurers to stay proactive, protect their position, and encourage a more informed dialogue with insureds.

If you have questions about CPL or RoRs, or need assistance with drafting one, our insurance team can help.

This alert serves as a general summary and does not constitute legal guidance. Please contact us with any specific questions. When it matters in Michigan, we are the trusted legal advisors for businesses and individuals.

Dakota A. Larson is an experienced attorney handling complex liability, coverage, and bad faith claims in multiple lines of insurance and in multiple jurisdictions. You can reach her at 517.377.0872 or at dlarson@fraserlawfirm.com.

Five Stories That Matter in Michigan This Week – June 27, 2025

Supreme Court Eliminates Heightened Standard for Student Disability Discrimination Claims

The U.S. Supreme Court unanimously ruled in A.J.T. v. Osseo Area Schools that students with disabilities suing for damages under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act need not prove “bad faith” or “gross misjudgment” by their school district. The case involved a teenager with severe epilepsy whose school refused to accommodate her afternoon-only attendance schedule, prompting her parents to sue for discrimination.

Why it Matters: This decision eliminates a circuit split that created inconsistent legal standards across the country and makes it significantly easier for students with disabilities to pursue successful discrimination claims against schools.

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Collateral Consequences: How Criminal Convictions Can Jeopardize Your Professional License

When people think about the consequences of a criminal conviction, they typically focus on the immediate penalties: fines, probation, jail time. But licensed professionals—doctors, nurses, lawyers, teachers, real estate agents, and others—the consequences can extend far beyond the courtroom. A criminal case doesn’t just threaten your freedom. If you’re a licensed professional, it can threaten your livelihood.

Why it Matters: Licensed professionals have more at stake than the average person facing criminal charges, but with early legal counsel from an attorney who understands both criminal law and licensing law and a proactive plan, you can minimize the damage and, in many cases, preserve your ability to work. Don’t make the mistake of waiting until your criminal case is over to start thinking about your license. By then, it may be too late. Read more from your Fraser Trebilcock attorney.

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Michigan Cannabis Exceeds $272 Million in May ‘25

Cannabis sales surpassed $272 million in May 2025, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $272,065,398.45, while medical sales came in at $553,315.50, totaling $272,618,713.95.

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Senate Bill Introduced Aimed at Amending the Truth in Renting Act

Senate Bill 373 was recently introduced as legislation aimed at amending the Truth in Renting Act, which would prohibit rental agreements from including a provision that imposes an additional charge or fee on allowable methods of paying rent, as well as specify that there be made available at least one fee-free payment method.

Why it Matters: According to officials, “Under the bill, a rental agreement also could not include a provision that imposed an additional charge or fee on all methods for the payment of rent allowed under the rental agreement. The bill specifies that if a rental agreement allowed for more than one method of payment of rent, the agreement would have to include a provision that allowed at least one payment of rent to be used without the tenant incurring an additional charge or fee.”

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Coverage Position vs. Reservation of Rights Letters: What They Are and Why Timeliness Matters

Related Practice Groups and Professionals

Duty to Defend and Indemnify

This is a continuing series on navigating insurance coverage issues, stay tuned for more!

When an insurer receives a claim, the question of whether it will defend and/or indemnify is easier to answer in some cases than others.

Background

When interpreting an insurance policy, there are two questions involved: (1) Does the policy provide coverage?; and (2) If the policy provides coverage, is there an exclusion that negates the coverage? Auto Owners Ins Co v Seils, 310 Mich App 132, 146; 871 NW2d 530 (2015). The insured has the burden of establishing the claim falls within the terms of the policy and the insurer has the burden of establishing that an exclusion applies. Id.

“The duty to defend and the duty to indemnify are distinct and separable duties.” Michigan Ed Employees Mut Ins Co v Turow, 242 Mich App 112, 116; 617 NW2d 725 (2000). The duty to defend is broader than the duty to indemnify. Auto-Owners Ins Co v City of Clare, 446 Mich 1, 15; 521 NW2d 480 (1994).

“The duty to defend arises from the language of the insurance contract.” Citizens Ins Co v Secura Ins, 279 Mich App 69, 74; 755 NW2d 563 (2008). “Insurance policies are interpreted like any other contract.” Bridging Communities, Inc v Hartford Cas Ins Co, 345 Mich App 672, 681; 9 NW3d 92 (2023). A court must enforce policy language that is unambiguous. Matouk v Michigan Muni League Liab & Prop Pool, 320 Mich App 402, 409; 907 NW2d 853 (2017). If there is any doubt as to whether a claim against an insured falls within the parameters of coverage under the policy, the doubt must be resolved in favor of the insured. Polkow v Citizens Ins Co of Am, 438 Mich 174, 180; 476 NW2d 382 (1991). An insurance contract is ambiguous when the language is “capable of conflicting interpretations.” Farm Bureau Mut Ins Co of Michigan v Nikkel, 460 Mich 558, 566; 596 NW2d 915 (1999). See also Farmers Ins Exch v Kurzmann, 257 Mich App 412, 418; 668 NW2d 199 (2003) (stating that language in an insurance contact is ambiguous when it is “subject to more than one reasonable interpretation”). Terms that are not defined in the policy will be given their “commonly used meaning.” Frankenmuth Mut Ins Co v Masters, 460 Mich 105, 113-114; 595 NW2d 832 (1999) (quotation marks and citations omitted). “An insurance policy must be read as a whole in order to discern and effectuate the intent of the parties.” Farmers Ins Exch, 257 Mich App at 418.

“An insurance company will not be held responsible for a risk that it did not assume.” Allstate Ins Co v Fick, 226 Mich App 197, 201; 572 NW2d 265 (1997). “An insurer is not required to defend its insured against claims specifically excluded from policy coverage.” Am Bumper & Mfg Co v Natl Union Fire Ins Co, 261 Mich App 367, 375; 683 NW2d 161 (2004). However, “[i]t is well settled that if the allegations of the underlying suit arguably fall within the coverage of the policy, the insurer has a duty to defend its insured.” Radenbaugh v Farm Bureau Gen Ins Co of Michigan, 240 Mich App 134, 137; 610 NW2d 272 (2000) (quotation marks and citations omitted). This duty applies even if a claim is groundless or frivolous. Am Bumper & Mfg Co, 261 Mich App at 451. An insurer must look beyond the language of the pleadings to determine whether coverage is possible. Citizens Ins Co v Secura Ins, 279 Mich App 69, 75; 755 NW2d 563 (2008). Exclusionary clauses “are strictly construed in favor of the insured.” Auto-Owners Ins Co v Churchman, 440 Mich 560, 567; 489 NW2d 431 (1992).

Conclusion

In sum, although an insurer may deny coverage and in turn, decline to provide a defense, it should not do so unless it is very clear that none of the allegations are covered under the policy at issue. It is also important for insurers to consider whether the policy language might be governed by the laws of a different state. See, e.g., Farm Bureau Ins Co v Abalos, 277 Mich App 41, 45; 742 NW2d 624 (2007) (stating that the court must balance the expectations of the contracting parties and the interests of the states to determine which state law to apply).

Five Stories That Matter in Michigan This Week – May 16, 2025

Federal Government Sues to Block Michigan’s Climate Lawsuits Against Fossil Fuel Companies

The federal government has filed a preemptive lawsuit against Michigan to prevent the state from pursuing litigation against fossil fuel companies for climate change damages. Michigan had announced plans to join approximately similar lawsuits already pending in courts nationwide but was sued by the federal government before it could file.

Why it Matters: This unusual procedural move specifically references President Trump’s recent executive order on American energy production that criticizes climate-focused state actions.

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Governor Whitmer Signs Two Bills Into Law Revolving Around Financial Transparency for Public Officers and Candidates

Michigan Governor Gretchen Whitmer signed Senate Bills 99 and 100 into law this week, which focused on increasing transparency within the Michigan legislature, requiring public officers and candidates to report and specify any unearned income and/or securities they receive.

Why it Matters: Senate Bill 99 amends the Public Officers Financial Disclosure Act, including specifying that reporting requirements for unearned income and securities would have to include the origin and address of the sources and securities, and require the public officer to include the name of the lobbyist or lobbyist agent that made the gift payment. Senate Bill 100 amends the Candidate for Office Financial Disclosure Act, including specifying the reporting requirements for unearned income and securities would have to include the origin and address of the sources and securities.

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Organizing Your Business: A Step-by-Step Guide for Michigan LLCs

Starting a business involves critical choices that shape your success and safeguard your financial future. In Michigan, forming an LLC offers entrepreneurs a powerful way to protect personal assets, simplify taxation, and maintain management flexibility.

Why it Matters: Forming and maintaining an LLC in Michigan provides valuable liability protection and flexibility for your business. By maintaining proper governance, your LLC can serve as a solid foundation for your business ventures. Read more from your Fraser Trebilcock attorney.

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Navigating Bad Faith Claims: What Defense Attorneys Need to Know

Under the Michigan Uniform Trade Practices Act, an insurer is liable for penalty interest if it fails to timely pay a claim. “The purpose of the penalty is to penalize insurers for dilatory practices in settling meritorious claims, not to compensate a plaintiff for delay in recovering benefits to which he or she is ultimately determined to be entitled.”

Why it Matters: While it is important for insurers to train their claims professionals in background knowledge regarding bad faith law, including the factors above, there is no need to lead with fear. The biggest takeaway is that the opposite of “bad faith” is “good faith.” Therefore, claims professionals should be encouraged to utilize their best judgment with the information at the given time. Read more from your Fraser Trebilcock attorney.

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NLRB Establishes Standard for Workplace Rules

The National Labor Relations Board (NLRB) has issued a ruling in Stericycle Inc., adopting a new legal standard for evaluating the lawfulness of employer work rules. Under the previous standard, an employer was not required to narrowly tailor its rules to promote its legitimate and substantial business interests without unnecessarily burdening employee rights.

Why it Matters: Workplaces may need to review existing policies to their employee handbooks to ensure compliance, and tailor their workplace rules to service legitimate business interests. Read more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Insurance | Dakota Larson
Business & Tax | Andrew Martin
Labor, Employment & Civil Rights | David Houston

Five Stories That Matter in Michigan This Week – October 4, 2024

With Election Looming, it’s Important to be Informed About Michigan’s AI Election Communications Law

A little less than a year ago, in November, 2023, Michigan became the fifth U.S. state to pass a law regulating artificial intelligence use in election communications. The legislation requires a disclaimer on political advertisements created using A.I.-generated content.

Why it Matters: Under the law, a person who knowingly violates this section is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 93 days, or both. You can access more information about the law here.

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Michigan Sales Tax Applies to Credit Card Surcharges

Recently, the Michigan Department of Treasury provided guidance on the application of a Michigan sales tax on credit card “surcharges” for businesses. The Michigan Department of Treasury considers the surcharge added to a customer’s bill a “service cost” or “other expense of the seller” under the General Sales Tax Act, making it part of the taxable “sales price” of a transaction.

Why it Matters: Compliance with this guidance is important. Failure to do so may result in underpayment of taxes due to the State of Michigan, potentially subjecting your business to penalties and interest. If you have any questions about how this guidance applies to your specific situation, please contact Paul McCord or your Fraser Trebilcock attorney. Read more.

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Update: Michigan Supreme Court Clarifies its “Adopt and Amend” Minimum Wage and Tipped Worker Ruling

The Michigan Supreme Court recently issued a clarification of its July 31, 2024 ruling on minimum wage and paid sick leave standards. This update, released on September 18, 2024, comes in response to a request from the State of Michigan and its attorney general, addressing several key points of confusion that arose from the original decision.

Why it Matters: Employers should remain vigilant for any further updates or guidance from state authorities. The complex nature of these changes underscores the importance of staying informed and seeking experienced legal counsel to ensure full compliance with Michigan’s evolving wage laws. Read more from your Fraser Trebilcock attorney.

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Business Education Series: Avoid the Five Business Dangers

On Wednesday, October 30, Tom Hamp, Hamp Business Coaching, will delve into the critical issues of poor leadership skills and their impact on organizational success, explore strategies to overcome underperforming sales, and discuss the consequences of ineffective marketing. Additionally, we will examine the importance of robust human capital management and the detrimental effects of financial mismanagement. This seminar is designed to provide practical solutions and actionable insights to help you navigate and resolve these common business problems effectively.

Why it Matters: Learn how to understand your business’s financials, understand profit and loss and use it to your advantage. Also learn how leadership impacts staff and how to manage employees better by increasing leadership skills. Full information and to register.

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Fraser Trebilcock Attorney Secures Victory for Firm Client

Fraser Trebilcock attorney Danielle Lofton was successful in securing a victory for the firm’s client in an insurance matter. A mother of an eight-year-old daughter in Florida had been sued over an accident that occurred in Michigan involving her daughter having caused a serious injury to a cousin while driving an ATV.

Why it Matters: The mother’s insurance company in Florida had gone into insolvency, leaving the mother on her own to defend herself in the civil lawsuit. Although she was initially faced with many roadblocks, Attorney Lofton was successful in convincing the Florida Insurance Bureau to not only settle the underlying claim, but to reimburse the firm’s client for the defense costs she incurred. Read more.

Related Practice Groups and Professionals

Business & Tax | Paul McCord
Labor, Employment & Civil Rights | David Houston
Insurance Law | Danielle Lofton

Five Stories That Matter in Michigan This Week – April 26, 2024

FTC Issues Final Rule Banning Non-Compete Agreements Nationwide

On April 23, 2024, in a 3-2 vote, the Federal Trade Commission (FTC) issued a final rule banning non-compete clauses in most employment agreements nationwide. The rule is scheduled to go into effect 120 days after it is published in the Federal Register.

Why it Matters: Under the final rule, “Non-compete clause” is defined as “a term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from: (i) seeking or accepting work in the United States with a different person where such work would begin after the conclusion of the employment that includes the term or condition; or (ii) operating a business in the United States after the conclusion of the employment that includes the term or condition.” Read more from your Fraser Trebilcock attorneys.

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State and Local Governments Subject to ADA Website Rules

Why it Matters: While staffing at many schools has grown due to pandemic relief funding, student enrollment has dwindled. This report comes on the heels of another report – this one from the Michigan Center for Data and Analytics – projecting the state population could decline by nearly 700,000 residents by 2050.

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Michigan 04/20 Sales Hits All-Time High

Per data from Michigan Cannabis Regulatory Agency, sales of cannabis topped $28.5 million on April 20, 2024, an increase from the reported $21.6 million in sales from the year prior.

Why it Matters: Marijuana sales remain strong in Michigan, particularly for recreational use. However, there still are significant concerns about profitability and market oversaturation that the industry is contending with. Contact our cannabis law attorneys if you have any questions.

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The Limitations of Federal Bankruptcy Law for Marijuana Businesses

Under the federal Controlled Substances Act, marijuana remains classified as a Schedule I drug, making it illegal at the federal level. This creates a unique challenge for marijuana businesses operating legally within their state’s framework, as they are unable to avail themselves of federal bankruptcy protection.

Why it Matters: Federal bankruptcy courts have been reluctant to provide relief to debtors engaged in activities that are illegal under federal law, even if those activities are legal under state law. As a result, marijuana businesses are often left without the benefits of bankruptcy protection, such as the automatic stay, discharge of debts, and court-supervised reorganization.

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Fraser Trebilcock Attorney Secures Victory for Firm Client

Fraser Trebilcock attorney Andrew J. Moore was successful in obtaining summary disposition on behalf of the firm’s client. Plaintiff and their spouse applied for credit life insurance from the firm’s client, a prominent independent insurance company, in conjunction with an RV they purchased.

Why it Matters: The spouse misrepresented their medical history and was in fact diagnosed with and treating for a disqualifying medical condition. The spouse died of heart attack two months after purchase. The firm’s client rescinded the credit certificate, then was sued. Plaintiff claimed RV salesman misrepresented application, eligibility, insurability, and coverage limits, while simultaneously claiming RV salesman was an “agent” of the firm’s client such that they should be held liable for their misrepresentation. After discovery and at summary disposition, the Judge ruled in favor of the firm’s client and dismissed all counts. Learn more.

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Five Stories That Matter in Michigan This Week – March 22, 2024

The Uniform Power of Attorney Act

The Uniform Power of Attorney Act (UPOAA or Act), 2023 PA 187, was signed into law in November 2023 and goes into effect July 1, 2024. It repeals Michigan’s current statutory law on durable powers of attorney, specifically Sections 700.5501-700.5505 of the Estates and Protected Individuals Code (EPIC). The UPOAA is not part of EPIC, instead, it is a stand-alone statute located at MCL 556.201 et. seq.

Why it Matters: The UPOAA will apply to all powers of attorney in Michigan beginning July 1, 2024, with certain exceptions. Read more from attorney Melisa M.W. Mysliwiec.

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Can an Out-of-State Patent Attorney Represent Me?

Securing a patent for an innovative idea involves maneuvering through a complex, multifaceted process. And having the right guide—patent legal counsel—is an essential part of the process. A common misconception is that a party hoping to secure a patent must turn to a local attorney for help. This belief, while understandable considering that many legal matters require local expertise and licensing, overlooks the dynamics of how things work with patent law.

Why it Matters: The truth is, in the digital age, the geographical location of your patent attorney matters less than their expertise, experience, and ability to navigate the United States Patent and Trademark Office’s (“USPTO”) requirements. Learn more from attorney Andrew Martin.

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Michigan CRA Publishes February Data: Average Price Decreases

Per data released by the Cannabis Regulatory Agency (CRA), the average retail price for adult-use sales of an ounce of cannabis in February was $91.94, a decrease from $93.20 in January. This is an increase from February 2023, where the average price was $86.00.

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CRA Warns of Scam Targeting Michigan Cannabis Businesses

On March 8, the Michigan Cannabis Regulatory Agency (CRA) sent out an advisory bulletin warning cannabis businesses of an individual posing as an agent of the CRA demanding payment of license fees under the threat of revoking their license(s).

Why it Matters: The CRA noted, “Licensees and applicants are reminded that administrative rules require they notify the CRA and local law enforcement within 24 hours of becoming aware – or within 24 hours of when they should have been aware – of the theft or loss of any product or criminal activity at the marijuana business.”

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Fraser Trebilcock Attorneys Secure Summary Disposition for Firm Client

Fraser Trebilcock attorneys Danielle Lofton and Gary C. Rogers have obtained summary disposition and dismissal of a lawsuit in favor of the firm’s client in a personal injury case pending before the Kalamazoo County Circuit Court.

Why it Matters: Attorney Lofton successfully argued the motion, convincing the trial court that the plaintiff’s injuries did not rise to the level of serious impairment of body function, following mediation in which the plaintiff, who was represented by a prominent plaintiff’s personal injury firm, rejected the settlement recommended by a mediator, and wanted to proceed to trial before a jury. Instead of accepting the mediator’s recommended settlement amount, the plaintiff will now receive nothing. Learn more.

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Five Stories That Matter in Michigan This Week – March 15, 2024

Michigan Senate Passes Bill to Require Dyslexia Screening in Schools

On March 12, the Michigan Senate overwhelmingly (37-1) passed a bill that would require schools to screen all students for signs of dyslexia. It would also require programs to educate prospective teachers on dyslexia’s characteristics.

Why it Matters: This bill is part of a larger effort to improve reading in Michigan. In spring 2023, one-third of Michigan third grade students scored not-proficient in reading.

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Michael E. Cavanaugh Selected as a Member of Michigan Lawyers Weekly “Hall of Fame Class of 2024”

Fraser Trebilcock attorney Michael E. Cavanaugh has been selected as a member of Michigan Lawyers Weekly “Hall of Fame Class of 2024.” This special award recognizes esteemed members of the legal profession who have been in practice for at least 30 years. “I am extremely honored to be recognized by Michigan Lawyers Weekly as a member of their Hall of Fame Class of 2024,” said Mr. Cavanaugh.

Why it Matters: Michigan Lawyers Weekly’s annual “Hall of Fame” award recognizes Michigan’s legal leaders who have been in practice for 30 years, highlighting their successful careers and valuable contributions to the community. These legendary lawyers have made their mark, either in the courtroom or the boardroom, in their law firms or legal departments, with community organizations, and with local, state and national bar associations. Read more.

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Fraser Trebilcock Attorneys Secure Summary Disposition for Firm Client

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Can an Out-of-State Patent Attorney Represent Me?

Why it Matters: The truth is, in the digital age, the geographical location of your patent attorney matters less than their expertise, experience, and ability to navigate the United States Patent and Trademark Office’s (“USPTO”) requirements. Learn more from attorney Andrew Martin.

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Corporate Transparency Act ‘Unconstitutional’ says Federal District Judge

A U.S. District Court in Alabama has determined that Congress overstepped its constitutional authority in passing the Corporate Transparency Act (“CTA”) (see National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.)). The CTA requires the disclosure of the Beneficial Ownership Information (“BOI”) of millions of American corporations, limited liability companies, and other entities.

Why it Matters: In the wake of this decision, FinCEN seems to have accepted the decision but only insofar as it affects its enforcement of the CTA against the named plaintiffs. The reporting obligations for the remaining 30 million or so entities is unchanged. Time will tell if FinCEN will appeal the decision and/or how it will deal with the seemingly inevitable series of similar cases that will start filling up courts across the country. Read more from attorney Bob Burgee.

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Five Stories That Matter in Michigan This Week – January 12, 2024

Cannabis Regulatory Agency Announces $1 Million Social Equity Grant Program

Michigan’s Cannabis Regulatory Agency (CRA) announced a $1 million grant program to applicants who have a recreational marijuana license, have eligible Social Equity Program participants, and participate in the CRA’s “Social Equity All-Star Program.”

Why it Matters: The program is intended to encourage participation in the industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement.

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Fraser Trebilcock Welcomes Danielle Lofton to the Firm

We are pleased to announce the hiring of attorney Danielle Lofton who will work primarily in the firm’s Lansing office, focusing her practice on insurance defense.

Why it Matters: Ms. Lofton represents clients with personal injury claims including no-fault cases for several years. She has routinely secured early dismissals through successful motions and negotiated favorable settlements for her clients. Learn more.

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Department of Labor Issues New Rule on Independent Contractors

This week, the US Department of Labor issued a new rule modifying its analysis for determining whether a worker is an employee, or an independent contractor under the Fair Labor Standards Act. The final rule is effective on March 11, 2024.

Why it Matters: We previously reported on the Department of Labor publishing a Notice of Proposed Rulemaking regarding classification of employee or independent contractor under the FLSA. Under this final rule effective on March 11, 2024, it will provide clearer guidance for employers and how they determine their workers’ classifications, and further protect employees from misclassification.

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Fraser Trebilcock Attorney Andrew J. Moore Elected to Board of Directors of Catholic Bar Association

We are pleased to announce that attorney Andrew J. Moore has been elected to the Board of Directors for the Catholic Bar Association, a national bar association with members in all 50 states. “I am honored to be elected to the Board of Directors, and I look forward to continuing the mission of the Catholic Bar Association,” said Andrew Moore.

Why it Matters: Andrew focuses his practice on general litigation matters, insurance defense, estate and trust administration, real estate transactions, family law, and criminal defense. His experience covers a range of practice areas, from out of court matters such as assisting clients in estate planning and business and tax matters to representing clients at trial in insurance, divorce, and criminal defense proceedings. He also serves on the Board of Directors of the Lansing Catholic Lawyers Guild. Read more.

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Independent Citizens Redistricting Commission Required to Redraw Seven House Districts

A three-judge panel ordered this week that the Independent Citizens Redistricting Commission redraw seven state House districts by February 2^nd, after it was ruled unconstitutional.

Why it Matters: Last year, a group of voters sued the Independent Citizens Redistricting Commission alleging that the Commission had violated the federal Voting Rights Act by drawing maps that impacted black voters’ opportunity to elect their preferred candidates.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Insurance Law | Danielle Lofton
Labor, Employment & Civil Rights | David Houston
Litigation | Andrew Moore
Election Law